Points of law

Section 7 of the Act of Act No. 91/2012 Sb. is the principal domestic legal provision in force regulating jurisdictional immunities of foreign States and their property. It enacts the restrictive doctrine of State immunity into Czech legislation.

Specific provision(s) of the law

“Section 7 - Immunity from Jurisdiction of Czech Courts

(1) Foreign states shall have immunity from the jurisdiction of the Czech courts as regards proceedings arising out of the state’s acts and actions undertaken while exercising their state, governmental or other public powers and functions, including their property used or intended for use in the exercise of such powers and functions.

(2) Immunity from the jurisdiction of the Czech courts shall not apply to other acts, actions or cases, to the
extent in which general international law or international agreements allow to institute proceedings against a state before the courts of another state.

(3) Persons, international organizations and institutions enjoying immunity in the Czech Republic under
international agreements, general international law or the Czech law are, to an extent stipulated therein, not subject to jurisdiction of the Czech courts.

(4) The provisions of paragraphs 1 and 3 shall apply also to service of documents, summoning of witnesses, enforcement of judgments and to other procedural steps.

(5) Service to foreign states, international organizations, institutions and persons enjoying immunity in cases where they are not exempt from the jurisdiction of the Czech courts shall be transmitted through the Ministry of Foreign Affairs of the Czech Republic. Where such service is not possible, a court shall designate a guardian.

(6) The provisions of paragraphs 1 to 5 shall by applied also by other Czech public authorities when deciding on matters governed by this Act, as appropriate.”

Sources

Collection of Laws of the Czech Republic, No. 91/2012 Sb.

Additional information (explanations, notes, etc.)

As of 1/1/2014 this Act replaced Act No. 97/1963 Sb. concerning private international law and the rules of procedure relating thereto, as amended.

Section 2 of the Act provides that provisions of the Act shall be applied within the confines of provisions of promulgated international agreements which are binding on the Czech Republic and of any directly applicable provisions of European Union Law.

Article 10 of Constitutional Act No. 1/1993 Sb., Constitution of the Czech Republic, as amended, provides as follows: Promulgated international agreements the ratification of which was approved by the Parliament and which are binding on the Czech Republic shall be part of the Czech legal order; if an international agreement differs from a law, the international agreement shall be applied.